Indian Affairs

On Tuesday, the U.S. Supreme Court denied Chevron's petition for certiorari from a decision of the Second Circuit Court of Appeals.  Chevron was seeking an injunction barring the enforcement of a $18 billion Ecuadorian judgment anywhere in the world.  The District Court for the Southern District of New York agreed with Chevron's accusations of fraud and manipulation of evidence by the plaintiffs and their attorneys and granted the injunction in March 2011.  The Second Circuit vacated the injunction in January of this year and Chevron appealed to the Supreme Court.  This U.S. case stems from a case in Ecuador, in which an Ecuadorian judge awarded over $18 billion to local farmers and indigenous groups in February 2011. read more

Last Friday, the Ninth Circuit dismissed the last climate change lawsuit still pending in the federal courts to the best of my knowledge.  Native Village of Kivalina v. ExxonMobil Corp. was a lawsuit by a small Alaskan village against 22 oil, energy, and utility companies, alleging that their greenhouse gas (GHG) emissions caused global warming which prevented historic levels of sea ice from forming around the village.  The lack of sea ice exposed the village to massive erosion from the ocean's waves and the possibility of devastating storms in the future.  The villagers sought damage payments from the defendants for the harm they suffered from global warming; presumably, at a minimum, the costs of relocating the village, estimated by the Army Corps of Engineers at $95 million. read more

On Thursday, October 13, 2011, the New Mexico Supreme Court heard oral arguments in two cases challenging the state statutes on domestic wells.  The cases essentially challenge the Constitutionality of several state statutes that mandate that the Office of the State Engineer approve applications for domestic wells.  The second related case argues that under the prior appropriation doctrine, domestic wells should be assigned a priority date.  Currently, they are not assigned a priority date.  The debate affects farmers, tribes, and other owners of old and senior water rights as domestic wells have proliferated.  The impact of domestic wells on the overall supply of water has also increased as drought conditions have become more prevalent. read more

On July 28, 2011, the Navajo Nation Telecommunications Regulatory commission (NNTRC) initiated a rulemaking proceeding for a Proposed Application for Certificate of Convenience and Necessity (CCN) for telecommunications operators who desire to provide telecommunications services on the Navajo Nation.  Telecommunications service is defined as "the providing of voice or other communication services by telecommunications including, without limitation, non-voice communications services, or data communication services which may interconnect with other telecommunication networks and/or involve operation of transmission/reception devices for binary information representation."  The rule specifically states that it includes wireless phone and data services, satellite services, and Internet. read more